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AL-KAFI #1539: THE RULING OF ACCIDENTALLY STEPPING ON BIRD’S POOP

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Question:

Assalamualaikum. I have a question on bird’s poop. Sometimes, I saw a place or area which floor is covered with birds’ poop. What is the ruling if I mistakenly step on it?

Answer:

Waalaikumussalam w.b.t,

Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.

Originally, Shafie madhhab views poop, excretions and urine from all animals are najis whether the animals are haram or halal to be eaten. This is based on the general meaning of a hadith narrated by Abdullah bin Mas’ud RA:

أَتَيْتُ  النَّبِيُّ صلى الله عليه وسلم بِحَجَرَيْنِ وَرَوْثَةٍ فَأَخَذَ الْحَجَرَيْنِ وَأَلْقَى الرَّوْثَةَ وَقَالَ ‏"‏ إِنَّهَا رِكْسٌ ‏"‏

“I came to the Prophet PBUH with two stones and a piece of dung. So he took the two stones, and left the dung. He said: 'It is Riks (a degenerative or filthy thing)”

Sahih al-Bukhari (156) and Musnad Ahmad (3685)

Imam al-Nawawi said: “Normally, in our madhhab (Shafie), all faeces and urine are najis whether originated from animals which are halal or haram to be eaten. The same goes to bird’s poop, fish and grasshopper’s poop, even for animals with no circulated blood, all are considered as najis according to the most sahih opinion.” (Refer Al-Majmu' Syarh al-Muhadzzab, 2/550).

However, for some cases, for example in the situations where the presence of najis is uncontrollable and unavoidable like bird’s poop in the mosque, fish’s faeces in the water, grasshopper’s poop and other animals with no circulated blood in its body, hence, the scholars give exceptions in this matter based on the method of umum al-balwa. It is still considered as najis, but is excused as it is unavoidable. (Refer Al-Majmu’ Syarh al-Muhadzzab, 2/550; Nihayah al-Muhtaj, 1/80).

Imam al-Bujairimi said: “Whereas what is meant by umum al-balwa is the presence of large amount of najis in an area more than normal, in which if a person have to search for other place which has no najis, then it will lead to hardship and masyaqqah.” (Refer Hasyiyah al-Bujairimi, 1/440-441). 

Kindly refer to our article related to najis which are excused:

AL-KAFI #400: THE IMPURITY OF LIZARD’S POOP

https://muftiwp.gov.my/en/artikel/al-kafi-li-al-fatawi/1289-al-kafi-400-kenajisan-tahi-cicak

Imam Ibnu Qasim said: “And the same goes for bird’s poop and urine. It is ruled as ma’fu ‘anhu (najis which is excusable) even if occurs outside of prayer like affecting the body or clothes, whether the najis (affected) is less or more, wet or dry, night or day, as it is hard to be avoided.” (Refer Hasyiyata Qalyubi wa ‘Umairah, 1/209).

Sayyid Abu Bakar Syatho’ said: “And it is a requisite for the place of prayer to be pure. However, exempted from this issue is when the bird’s poop is at large. So, the najis is ruled as ma’fu ‘anhu (excusable najis) when it is affecting the land, carpet or cloth with three conditions, the person does not purposely pass by the affected area, the najis is not in wet condition and the najis is hardly to be avoided”. (Refer Hasyiyah I’anah al-Tolibin, 1/80). However, najis which is in wet condition is excused in masyaqqah situations when it is hardly be avoided. (Refer Al-Ghurar al-Bahiyyah, 1/292).

Conclusion

After analysing the above discussion, we may conclude this issue to some points:

  • The original rule for all sorts of impurities (faeces and urine) to Shafie madhhab is najis. However, in some situations, they are ruled as ma’fu ‘anhu (excusable najis) based on the method of umum al-balwa because there is a masyaqqah. The example is when the najis is out of control and is hardly avoided.
  • Hence, if bird’s poop may be avoided and a person accidentally steps on it, its ruling goes back to the original rule which is considered as najis. However, if it is hardly avoided and a person accidentally steps on it, then it is no problem because it is excusable najis.

Wallahu a’lam.